Legal Question in Real Estate Law in Rhode Island

Refinancing my home
My husband and Iown a house thru a will. My father willed his 1/2 of the house to me and my husband prior to his passing. My mother is the owner of the other half of the property, but she has since then been declared by a court of law as mentally incompetent. I was subsequently appointed as her legal guardian in all matters. we want to refinance the property, but need to know how we can with her as legitimately half owner, but incapable of understanding or legally signing any documents. How can we proceed with refinancing the house for improvements in this situation?

Asked on 5/09/00, 3:34 pm

Patricia Joyce Law Office of Patricia M. Joyce

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Re: Refinancing my home

As the legal guardian of your mother,

you have the ability to sign on her

behalf.

HOWEVER, in most cases, the approval of

the probate court in your city/town

is necessary when a guardian is dealing

with a significant asset of the ward.

Because your mother's interest in the

property is significant, you will need to

file a petition with the probate court for

approval of the transaction. Once the court

approves, you sign as Guardian for your mom.

I hope that your mother's health improves. Feel

free to call me if I can answer any other questions.

Answered on 6/28/00, 2:49 pm

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